Sebastian posted a very important piece about what MAIG is up to. It’s important stuff but that is his domain and I don’t have the time to get up to speed on MAIG enough to contribute anything of importance to his analysis. But I do want to outline a thought experiments a point from his post brought up:
Require REAL ID compliant identification for all gun purchasers. Those in non-complying states, which are many, will no longer be permitted to buy firearms.
If a person is walking down the street with no suspicious behavior or other reasonable cause to detain that person they are not allowed to demand identification, correct? People go jogging without ID all the time right? The police don’t stop you and demand, “Papers!” in this country. I’m pretty sure that is unconstitutional.
Most states have no laws against open carry and the Second Amendment may even guarantee that as a specific enumerated right.
Therefore, you must be allowed to openly carry a firearm without carrying identification. The police must presume someone is innocent until they have probable cause to believe you are a suspect in a crime or have intent to commit a crime. Right?
If the police cannot demand identification from a person for engaging in what appears to be a legal activity then a private citizen cannot do that either, correct? And for the legislature to demand a private citizen do that as a proxy for the police would be unconstitutional as well, correct?
So when a person, who appears to be of legal age, walks into a store and buys some ammunition can the store owner be compelled to demand identification? If so, then what is the difference that enables this?
Taking this one step further, change the ammunition purchase to a firearm purchase.
At what point did a threshold get crossed and what is the constitutional principle that allowed the legislature to compel a private citizen to demand ID for someone apparently engaging in a specific enumerated right?